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People v. Brown

APRIL 17, 1968.

PEOPLE OF THE STATE OF ILLINOIS, DEFENDANT IN ERROR,

v.

JULIUS BROWN, PLAINTIFF IN ERROR.



Error to the Criminal Court of Cook County; the Hon. JOHN GUTKNECHT, Judge, presiding. Affirmed.

MR. JUSTICE ENGLISH DELIVERED THE OPINION OF THE COURT.

CRIME CHARGED

Unlawful sale of a narcotic drug.

JUDGMENT

After a bench trial, defendant was found guilty and sentenced to a term of eleven and one half years to twenty years.

CONTENTIONS ON APPEAL

(1) Entrapment.

(2) The substance received in evidence was not proved to be heroin as defined by statute.

(3) The chain of possession of the alleged narcotic was not sufficiently established.

EVIDENCE

Thomas E. Manson, for the State.

On March 6, 1962, he was a narcotics inspector for the State of Illinois. On that date he met John Melkonian, who he believed was an addict. Melkonian was in the employ of the State Narcotics Bureau at that time, receiving payment for information and services.

The two men drove to the area of 1642 West Warren Boulevard, where Melkonian left the car and entered a building. About fifteen minutes later he returned to the car. After another five minutes defendant emerged from the building and entered the same car.

Melkonian introduced Manson to defendant as "Joey from Melrose Park." In reply to defendant's inquiry as to what he wanted, Manson requested "half a sixteenth," whereupon ...


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